Photo of Mary E. Borja

Education

J.D., magna cum laude, University of Miami Law School; Order of the Coif

B.A., The Johns Hopkins University

Law Journals

Senior Articles Editor, University of Miami Law Review

Bar and Court Admissions

District of Columbia Bar

U.S. Courts of Appeals for the Third, Fourth, Sixth, Tenth, Eleventh, and District of Columbia Circuits

U.S. District Court for the District of Columbia

Certifications

Licensed Continuing Education Instructor, New York State Department of Financial Services

Mary represents insurers in complex litigation and arbitration involving professional liability, general liability, crime, and property insurance coverage. She provides advice and counsel on a wide range of insurance issues, including legal malpractice and other errors and omissions claims, director and officer liability, bankruptcy, crime, construction defect, environmental liability, technology, emerging issues, and bad faith.

Mary is a certified Legal Lean Sigma Institute (LLSI) White Belt, and uses the LLSI process and project management approach to deliver increased value to clients. 

Representative Experience

  • Obtained summary judgment for insurer that exclusions in life insurance agent’s E&O policy barred coverage for a multi-million dollar claim and that the insured was obligated to reimburse all defense costs. Columbia Casualty Co. v. Mostafa Abdou, No. 15-cv-00080-LAP-KSC (Dec. 16, 2015, as amended Aug. 18, 2016).
  • Prevailed on motion to dismiss and on appeal, obtaining rulings of no coverage under accountants professional liability policy on grounds that tax shelter exclusion bars coverage for claims that the insured implemented investment strategies constituting illegal tax avoidance schemes. Financial Strategy Group, PLC v. Continental Casualty Co., 2014 WL 5449577 (W.D. Tenn. Sept. 23, 2014), aff’d, No. 14-6296 (6th Cir. Aug. 4, 2015).  
  • Obtained dismissal of claim under lawyers professional liability policy on grounds that the allegations against the insured, including allegations of an ongoing conspiracy, pertained solely to acts before the policy’s retroactive date. Wesco Insurance Co. v. Regas, 2015 WL 500702 (N.D. Ill. Feb. 3, 2015). 
  • Obtained dismissal for insurer based on business enterprise exclusion in attorney professional liability policy. Gomery v. Continental Cas. Co., 2014 WL 4209648 (W.D. Mich. Aug. 25, 2014).
  • Obtained summary judgment for directors and officers liability insurer on grounds that claim was first made before the policy period and that the prior notice exclusion, definition of loss, late notice, and cooperation clause all barred coverage. Christian J. Lessard v. Continental Cas. Co., 2014 WL 4162006 (E.D. Va. Aug. 19, 2014).
  • Obtained summary judgment for employment practices liability insurer based on wage and hour claim exclusion, definition of loss, and late notice. M Bar C Construction Inc. v. Continental Cas. Co., et al., No. 2012-37-00088258-CU-IC-CTL (Cal. Super. Ct., San Diego Cty. Jan. 3, 2014).
  • Won summary judgment for accountants professional liability insurer based on financial products exclusion. Maryland Accounting Services, Inc. v. Continental Cas. Co., 2011 WL 5853906 (D. Md. Nov. 21, 2011).
  • Prevailed in professional liability coverage action and defeated bad faith claim by establishing that insured failed to prove the claim was first made and reported to the insurer during policy period. Bruce Boys v. Continental Cas. Co., 808 F. Supp. 2d 410 (D. Conn. 2011).
  • Won summary judgment for professional liability insurer on prior knowledge issues.  Brian J. McKeen, et al. v. Continental Cas. Co., 2011 WL 3839803 (E.D. Mich. Aug. 30, 2011).
  • Prevailed on judgment on the pleadings on grounds prior knowledge issue and business enterprise exclusion under lawyer's professional liability policy. Darwin National Assurance Co. v. Hellyer, et al., 2011 WL 2259801 (N.D. Ill. June 7, 2011).
  • Extensive experience in drafting insurance policy forms for third party liability, first party property, commercial crime, and other coverages.
  • Particular experience in representing insurer interests in connection with "bad faith" claims and complaints to state insurance regulators.
  • Significant experience defending lawyers facing legal practice actions, including in successful jury trial.

Affiliations

  • American Bar Association (ABA), Section of Litigation, Insurance Coverage Litigation Committee
    • Past Chair, Insurance Coverage Committee CLE Seminar
    • Past Chair, Professional Liability Subcommittee
    • Past Chair, Construction Subcommittee
  • Defense Research Institute (DRI)
  • Professional Liability Underwriting Society (PLUS)

Recognitions

  • AV Peer Review Rating, Martindale-Hubbell's highest ranking by peers for general ethical standards and legal ability

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